If I buy a product online from outside Europe and it causes me damage, who do I claim against?

Question

José Manuel Alburquerque · Accepted Answer

Against the importer, which is the company that brings the product into the European Union to sell it and which is liable as if it were the manufacturer. If the product does not say who the importer is, you can claim against the seller, which is liable as a manufacturer if it does not tell you within three months who imported the product or who supplied it to the seller. The online platform may be liable as if it were the seller when it presents the product in a way that leads you to believe that it is being sold by the platform itself or by someone under its control. If the seller is outside the European Union and nobody is liable here, you can sue the seller in Spain, but getting paid is very difficult. Who to claim against today Check the listing, the invoice and the packaging to see who is selling, who is shipping and who is named as the importer or as the responsible party in Europe. If the seller is the platform itself or a company based in the European Union, claim against it. Since 13 December 2024, an EU regulation has required products sold in the European Union to have a responsible party established there. Platforms have to display the details of that responsible party and those of the manufacturer. That responsible party does not always have to pay for the damage, but it tells you who to turn to. If you cannot find the importer, ask the seller in writing to tell you who imported the product or who supplied it to the seller. It is not enough for the seller to give you the name of the foreign manufacturer. If it does not tell you within three months, the seller is liable as a manufacturer. If the platform merely acts as an intermediary for a third-party seller, in principle it is not liable as the seller. Even so, also claim through the platform, because this leaves a record of your claim. How to claim Keep screenshots of the listing, the invoice, the delivery tracking and your messages with the seller. Keep the product and document the damage with photos, medical reports or quotes. Make a written claim against everyone who may be liable. Before bringing a claim in court, the law requires an attempt to reach an agreement, for example through a written proposal to negotiate. You can also file a consumer complaint with the “Agència Catalana del Consum”, the Catalan consumer agency. As a consumer, you can bring a claim in Spain against a seller that directs its activities at Spain, even if it is outside the European Union. But if it has no assets or offices here, getting paid will be very difficult. What changes with the EU directive For products placed on the market after 9 December 2026, an EU directive extends the range of those liable where the manufacturer is outside the European Union. The importer will be liable, as will the manufacturer's authorised representative, which is the company the manufacturer appoints to act on its behalf in Europe. Failing them, the logistics company that stores and dispatches the product will be liable. Sellers will be liable if, within one month of your asking, they do not identify a liable party or whoever supplied the product to them. The same rule will apply to platforms that act as more than mere intermediaries. Spain has to incorporate the directive into its law and, as of October 2026, there is no record that it has done so. In the meantime, if you have the choice, buy electrical appliances, batteries and chargers from sellers with an address in the European Union.